Research › Search › Judgment

Rajasthan High Court · body

2017 DIGILAW 1406 (RAJ)

Manoj @ Jalebi v. State of Rajasthan

2017-06-02

K.S.JHAVERI, VIRENDRA KUMAR MATHUR

body2017
ORDER : 1. In this petition, the petitioner is aggrieved by the order dated 16.08.2016 whereby the respondent No. 2 has confirmed the order detaining him under the Rajasthan Prevention of Anti Social Activity Act, 2006 (hereinafter referred to as PASA Act) on the ground that he is habitual offender and dangerous person and is carrying on activity under PASA Act. 2. The contention of the petitioner is that the State of Rajasthan without taking into consideration that there is nothing on record to show that the petitioner is dangerous person and involved in any illegal activity after 2014 and past history has been detained mechanically and approval is also granted without considering the relevant facts. 3. This court has issued notice and respondent has opposed the petition filed by the petitioner. 4. Counsel for the petitioner has pointed out that out of 12 months almost 10 months period is over and taking into consideration that after 2014, no other criminal offence is registered against him. In that view of the matter, the matter is required to be considered. 5. In view of the fact that the majority of the period has been undergone and if the matter is not heard today if it is listed after vacation, the petition will become academic, we have heard counsel for both the sides. 6. He contended that in view of the affidavit in reply, there are serious allegations against the petitioner and Advisory Board has also approved the decision on 14th September, 2016. In view of the matter, no interference is called for and the petition deserves to be dismissed. 7. Taking into account that after 2014, no other complaint was brought on record where the petitioner is seriously involved in the matter only on that ground we are of the opinion that since 10 months period is already over. 8. In the result, only on the ground that the petitioner has undergone almost 10 months of sentence, the order is required to be quashed and set aside. Thus, the same is accordingly ordered. He will be released forthwith, if not required in any other case. 9. The petition is accordingly allowed.